SCHEDULE 2Amendment of disqualification provision made by Act of Parliament

Article 3(2)

Public Trustee Act 1906I11

In section 13(4) of the Public Trustee Act 1906 5 (investigation and audit of trust accounts), after “or dies,” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.

Annotations:
Commencement Information
I1

Sch. 2 para. 1 in force at 1.10.2012, see art. 1

Agriculture Act 1947I22

In paragraph 13(4) of Schedule 9 to the Agriculture Act 19476 (chairman of Agricultural Land Tribunal), after “creditors” insert “, or if a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of the chairman”.

Annotations:
Commencement Information
I2

Sch. 2 para. 2 in force at 1.10.2012, see art. 1

Agriculture Act 1967I33

In paragraph 6(a) of Part II of Schedule 5 to the Agriculture Act 19677 (constitution and procedure of boards), after “bankrupt or” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986) or has”.

Annotations:
Commencement Information
I3

Sch. 2 para. 3 in force at 1.10.2012, see art. 1

Development of Tourism Act 1969I44

1

Schedule 1 to the Development of Tourism Act 19698 (incorporation and status of Tourist Boards) is amended as follows.

2

After paragraph 5(1)(b) insert —

ba

has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); or

3

After paragraph 5(2) insert —

3

In this paragraph, references to a member of the Board do not, in so far as sub-paragraph (1)(ba) applies, include persons who are members of VisitScotland.

Annotations:
Commencement Information
I4

Sch. 2 para. 4 in force at 1.10.2012, see art. 1

Local Government Act 1972I55

In section 80(1)(b) of the Local Government Act 19729 (disqualifications for election etc), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Annotations:
Commencement Information
I5

Sch. 2 para. 5 in force at 1.10.2012, see art. 1

Health and Safety at Work Act etc 1974I66

In paragraph 5(b) of Schedule 2 to the Health and Safety at Work etc. Act 197410 (the Health and Safety Executive – terms of appointment), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.

Annotations:
Commencement Information
I6

Sch. 2 para. 6 in force at 1.10.2012, see art. 1

Consumer Credit Act 1974I77

In section 37(1)(b) of the Consumer Credit Act 197411 (death, bankruptcy etc of licensee), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.

Annotations:
Commencement Information
I7

Sch. 2 para. 7 in force at 1.10.2012, see art. 1

Solicitors Act 1974I88

1

The Solicitors Act 1974 12 is amended as follows.

2

In section 15(1) (suspension of practising certificate), after “bankruptcy of a solicitor” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a solicitor”.

3

In section 16 (duration of suspension)—

a

after subsection (2) insert—

2A

The suspension of a practising certificate by virtue of section 15(1) by reason of the making of a debt relief order shall terminate—

a

if the debt relief order is revoked on the ground mentioned in section 251L(2)(c) or (d) of the Insolvency Act 1986 and a copy of the notice provided to the debtor under Rule 5A.16 of the Insolvency Rules 1986 is served on the Society or the debt relief order is revoked by the court under section 251M(6)(e) of that Act and a copy of the court order is served on the Society;

b

if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of that order.

b

in subsection (3)(b) after “bankruptcy” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of him”.

Annotations:
Commencement Information
I8

Sch. 2 para. 8 in force at 1.10.2012, see art. 1

Industry Act 1975I99

In paragraph 6(1)(c) of Schedule 3 to the Industry Act 197513 (establishment of a tribunal), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Annotations:
Commencement Information
I9

Sch. 2 para. 9 in force at 1.10.2012, see art. 1

Estate Agents Act 1979I1010

1

Section 23 of the Estate Agents Act 197914 (bankrupts) is amended as follows.

2

After subsection (1), insert—

1A

An individual in respect of whom a debt relief order (under Part 7A of the Insolvency Act 1986) is made shall not engage in estate agency work of any description except as an employee of another person

3

After subsection (2), insert—

2A

The prohibition imposed on an individual by subsection (1A) shall cease to have effect if and when—

a

the debt relief order is revoked for reasons falling within section 251(L)(2)(a) or (c) of the Insolvency Act 1986;

b

the individual is discharged from all the qualifying debts specified under the debt relief order at the end of the moratorium period applicable to the order; or

c

the debt relief order is revoked and a period of one year has elapsed beginning with the effective date for the order.

4

In subsection (3), for “The reference in subsection (1) above” substitute “The references in this section”.

5

In subsection (4), for “of subsection (1) above” substitute “of this section”.

Annotations:
Commencement Information
I10

Sch. 2 para. 10 in force at 1.10.2012, see art. 1

National Heritage Act 1980I1111

In Schedule 1 to the National Heritage Act 198015 (trustees of National Heritage Memorial Fund – tenure of office), after paragraph 3(4)(b) insert—

ba

he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986);

Annotations:
Commencement Information
I11

Sch. 2 para. 11 in force at 1.10.2012, see art. 1

Local Government, Planning and Land Act 1980I1212

In paragraph 6(a) of Schedule 26 to the Local Government, Planning and Land Act 198016 (Urban Development Corporations – members), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.

Annotations:
Commencement Information
I12

Sch. 2 para. 12 in force at 1.10.2012, see art. 1

Public Passenger Vehicles Act 1981I1313

1

The Public Passenger Vehicles Act 198117 is amended as follows.

2

In section 19, after subsection (3)(a) insert—

aa

the making of a debt relief order in respect of the holder (under Part 7A of the Insolvency Act 1986); or

3

In section 57(2)(b) (death, bankruptcy etc of licence holder), after “bankrupt or” insert “has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or”.

Annotations:
Commencement Information
I13

Sch. 2 para. 13 in force at 1.10.2012, see art. 1

Fisheries Act 1981I1414

In Schedule 1 to the Fisheries Act 198118 (the Sea Fish Industry Authority – members), after paragraph 5(b) insert—

ba

a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);

Annotations:
Commencement Information
I14

Sch. 2 para. 14 in force at 1.10.2012, see art. 1

Transport Act 1981I1515

In paragraph 3(2)(a) of Schedule 2 to the Transport Act 198119 (Associated British Ports - resignation and vacation of office), for “or an interim order” substitute “, an interim bankruptcy restrictions order, a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”.

Annotations:
Commencement Information
I15

Sch. 2 para. 15 in force at 1.10.2012, see art. 1

New Towns Act 1981I1616

In paragraph 5(a) of Schedule 3 to the New Towns Act 198120 (development corporations – appointment and tenure of members), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.

Annotations:
Commencement Information
I16

Sch. 2 para. 16 in force at 1.10.2012, see art. 1

Civil Aviation Act 1982I1717

In paragraph 5(1)(b) of Schedule 1 to the Civil Aviation Act 198221 (Civil Aviation Authority – appointment and tenure of members), after “bankrupt or” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986), or has”.

Annotations:
Commencement Information
I17

Sch. 2 para. 17 in force at 1.10.2012, see art. 1

National Heritage Act 1983I1818

In paragraph 3(7)(b) of Schedule 3 to the National Heritage Act 198322 (the Historic Buildings and Monuments Commission for England – membership), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.

Annotations:
Commencement Information
I18

Sch. 2 para. 18 in force at 1.10.2012, see art. 1

Local Government Act 1985I1919

In paragraph 2(3)(a) of Schedule 13 to the Local Government Act 198523 (residuary bodies – tenure of office of members), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.

Annotations:
Commencement Information
I19

Sch. 2 para. 19 in force at 1.10.2012, see art. 1

Administration of Justice Act 1985I2020

1

The Administration of Justice Act 198524 is amended as follows.

2

In section 16 (conditional licences)—

a

in subsection (1)—

i

after paragraph (f), insert—

fa

while a moratorium under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);

ii

after paragraph (g), insert—

ga

after a debt relief order has been made in respect of him and at the end of the moratorium period applicable to the order he has been discharged from all the qualifying debts specified in the order;

b

in subsection (4)—

i

after “(f)” insert “(fa)”;

ii

after “(g)” insert “(ga)”.

3

In section 18 (suspension or termination of licences)—

a

in subsection (1)—

i

after “licensed conveyancer” insert “or a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of a licensed conveyancer”; and

ii

after “any such adjudication” insert “or any such order”;

b

after subsection (2) insert—

2ZA

The suspension of a licence by virtue of subsection (1) shall terminate—

a

if the debt relief order is revoked for reasons falling within section 251L(2)(d) of the Insolvency Act 1986 and a copy of the notice of the decision to revoke given to the debtor pursuant to Rule 5A.16 of the Insolvency Rules 1986 is provided to the Council or the debt relief order is revoked by the court under section 251M(e) and a copy of the order is provided to the Council; or

b

if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of the order

Annotations:
Commencement Information
I20

Sch. 2 para. 20 in force at 1.10.2012, see art. 1

Housing Act 1985I2121

In section 121(2) of the Housing Act 198525 (circumstances in which the right to buy cannot be exercised)—

a

at the end of paragraph (c) omit “or”,

b

after paragraph (d) insert—

or

e

is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986).

Annotations:
Commencement Information
I21

Sch. 2 para. 21 in force at 1.10.2012, see art. 1

Animals (Scientific Procedures) Act 1986I2222

In section 19(7)(b) of the Animals (Scientific Procedures) Act 198626 (member of Animal Procedures Committee), after “bankrupt or”, insert “a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”.

Annotations:
Commencement Information
I22

Sch. 2 para. 22 in force at 1.10.2012, see art. 1

Insolvency Act 1986I2323

In section 389A(3) of the Insolvency Act 198627 (authorisation of nominees and supervisors), after paragraph (a) insert—

aa

a moratorium period under a debt relief order applies in relation to him (under Part 7A of this Act),

Annotations:
Commencement Information
I23

Sch. 2 para. 23 in force at 1.10.2012, see art. 1

Criminal Justice Act 1988I2424

1

The Criminal Justice Act 198828 is amended as follows.

2

In section 172(3) (extent), after “section 133 to 133B” insert “, with the exception of paragraph 5(ba) of Schedule 12 which extends to England and Wales and Scotland only”.

3

In Schedule 12 (assessors for compensation for miscarriages of justice), after paragraph 5(b) insert—

ba

a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him;

Annotations:
Commencement Information
I24

Sch. 2 para. 24 in force at 1.10.2012, see art. 1

Housing Act 1988I2525

In paragraph 6(a) of Schedule 7 to the Housing Act 198829 (Housing Action Trusts – constitution), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.

Annotations:
Commencement Information
I25

Sch. 2 para. 25 in force at 1.10.2012, see art. 1

Human Fertilisation and Embryology Act 1990I2626

In paragraph 4A(1)(a) of Schedule 1 to the Human Fertilisation and Embryology Act 199030 (disqualification for being appointed to Authority), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Annotations:
Commencement Information
I26

Sch. 2 para. 26 in force at 1.10.2012, see art. 1

Environmental Protection Act 1990I2727

In paragraph 6(a) of Schedule 6 to the Environmental Protection Act 199031 (the Countryside Council for Wales – constitution and membership), after “bankrupt or” insert “had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.

Annotations:
Commencement Information
I27

Sch. 2 para. 27 in force at 1.10.2012, see art. 1

Trade Union and Labour Relations (Consolidation) Act 1992I2828

1

The Trade Union and Labour Relations (Consolidation) Act 199232 is amended as follows.

2

In section 249(5)(b) (terms of appointment of members of the Council of the Advisory, Conciliation and Arbitration Service), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.

3

In section 261(5)(a) (terms of appointment of members of the Central Arbitration Committee), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.

Annotations:
Commencement Information
I28

Sch. 2 para. 28 in force at 1.10.2012, see art. 1

National Lottery etc Act 1993I2929

1

The National Lottery etc Act 199333 is amended as follows.

2

In paragraph 3(5)(b) of Schedule 2A (National Lottery Commission – tenure of office), after “his creditors,” where it occurs for the first time, insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.

3

In paragraph 4(1)(a) of Schedule 4A (Big Lottery Fund – tenure of membership), after “against him,” insert “or a debt relief order has been made in respect of him (under Part 7A of the Insolvency Act 1986),”.

Annotations:
Commencement Information
I29

Sch. 2 para. 29 in force at 1.10.2012, see art. 1

Coal Industry Act 1994I3030

In paragraph 1(4)(b) of Schedule 1 to the Coal Industry Act 199434 (membership of the Coal Authority), after “sequestrated” insert “, that a debt relief order has been made in respect of him”.

Annotations:
Commencement Information
I30

Sch. 2 para. 30 in force at 1.10.2012, see art. 1

Trade Marks Act 1994I3131

In section 77(3)(c)(i) of the Trade Marks Act 199435 (persons appointed to hear and determine appeals), after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him or he has”.

Annotations:
Commencement Information
I31

Sch. 2 para. 31 in force at 1.10.2012, see art. 1

Goods Vehicles (Licensing of Operators) Act 1995I3232

In section 26(1)(g) of the Goods Vehicles (Licensing of Operators) Act 199536 (revocation, suspension and curtailment of operators’ licences), after “bankrupt” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.

Annotations:
Commencement Information
I32

Sch. 2 para. 32 in force at 1.10.2012, see art. 1

Environment Act 1995I3333

1

The Environment Act 199537 is amended as follows.

2

In paragraph 1(3)(b) of Schedule 1 (the Environment Agency – membership), after “bankrupt,” insert “that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him,”.

3

In paragraph 7(b) of Schedule 6 (the Scottish Environment Protection Agency – membership), after “bankrupt,” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him,”.

Annotations:
Commencement Information
I33

Sch. 2 para. 33 in force at 1.10.2012, see art. 1

Pensions Act 1995I3434

1

The Pensions Act 199538 is amended as follows.

2

In section 4 (suspension Orders)—

a

in subsection (1)(c) after “concluded”, insert “or an application has been made by him for a debt relief order (under Part 7A of the Insolvency Act 1986) and the application has not been determined”;

b

in subsection (2)(b) after “concluded” insert “or, in the case of an application for a debt relief order, the application is determined”.

3

In section 29 (persons disqualified for being trustees) in subsection (1)—

a

in paragraph (b), after “interim”, insert “bankruptcy restrictions”;

b

after paragraph (b) insert—

ba

a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or he is the subject of a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986),

Annotations:
Commencement Information
I34

Sch. 2 para. 34 in force at 1.10.2012, see art. 1

Employment Tribunals Act 1996I3535

In section 25(4)(b) of the Employment Tribunals Act 199639 (tenure of appointed members), after “bankrupt or” insert “had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.

Annotations:
Commencement Information
I35

Sch. 2 para. 35 in force at 1.10.2012, see art. 1

Housing Act 1996I3636

In paragraph 4(2)(a) of Schedule 1 to the Housing Act 199640 (registered social landlord – power to remove director, trustee, member etc.), after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him, or he”.

Annotations:
Commencement Information
I36

Sch. 2 para. 36 in force at 1.10.2012, see art. 1

Public Processions (Northern Ireland) Act 1998I3737

In paragraph 3(4)(b) of Schedule 1 to the Public Processions (Northern Ireland) Act 199841, after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him or he has”.

Annotations:
Commencement Information
I37

Sch. 2 para. 37 in force at 1.10.2012, see art. 1

Bank of England Act 1998I3838

1

The Bank of England Act 199842 is amended as follows.

2

In paragraph 8(b) of Schedule 1 (Court of directors – removal from office), after “bankrupt” insert “, that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him”.

3

In paragraph 9(1)(b) of Schedule 3 (Monetary Policy Committee – removal of appointed members), after “bankrupt” insert “, that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him”.

Annotations:
Commencement Information
I38

Sch. 2 para. 38 in force at 1.10.2012, see art. 1

Audit Commission Act 1998I3939

In paragraph 4(4)(a) of Schedule 1 to the Audit Commission Act 199843 (the Audit Commission – tenure of office), after “creditors” insert “, or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.

Annotations:
Commencement Information
I39

Sch. 2 para. 39 in force at 1.10.2012, see art. 1

National Minimum Wage Act 1998I4040

In paragraph 1(6)(a) of Schedule 1 to the National Minimum Wage Act 199844 (Low Pay Commission – membership), after “bankrupt,” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.

Annotations:
Commencement Information
I40

Sch. 2 para. 40 in force at 1.10.2012, see art. 1

Access to Justice Act 1999I4141

In paragraph 5(a) of Schedule 1 to the Access to Justice Act 199945 (Legal Services Commission - Tenure of members), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.

Annotations:
Commencement Information
I41

Sch. 2 para. 41 in force at 1.10.2012, see art. 1

Greater London Authority Act 1999I4242

In section 21(1)(c) of the Greater London Authority Act 199946 (disqualification from being the Mayor or an Assembly member), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Annotations:
Commencement Information
I42

Sch. 2 para. 42 in force at 1.10.2012, see art. 1

Food Standards Act 1999I4343

In paragraph 4(a) of Schedule 1 to the Food Standards Act 199947 (Food Standards Agency – tenure of office of members), after “bankrupt,” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.

Annotations:
Commencement Information
I43

Sch. 2 para. 43 in force at 1.10.2012, see art. 1

Political Parties, Elections and Referendums Act 2000I4444

In paragraph 3 of Schedule 1 to the Political Parties, Elections and Referendums Act 200048 (the Electoral Commission – tenure of office)—

a

after sub-paragraph (5) (d) insert—

da

a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);

b

after sub-paragraph (8) insert—

9

In this paragraph, sub-paragraph (5)(da) does not extend to Gibraltar.

Annotations:
Commencement Information
I44

Sch. 2 para. 44 in force at 1.10.2012, see art. 1

Private Security Industry Act 2001I4545

In paragraph 3(1)(d) of Schedule 1 to the Private Security Industry Act 200149 (the Security Industry Authority – membership), after sub-paragraph (d) insert—

da

a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986),

Annotations:
Commencement Information
I45

Sch. 2 para. 45 in force at 1.10.2012, see art. 1

Office of Communications Act 2002I4646

In paragraph 2(4)(a) of the Schedule to the Office of Communications Act 200250 (the Office of Communications – membership), after “bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986),”.

Annotations:
Commencement Information
I46

Sch. 2 para. 46 in force at 1.10.2012, see art. 1

Education Act 2002I4747

In paragraph 4(a) of Schedule 11 to the Education Act 200251 (school teachers’ review body – membership), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.

Annotations:
Commencement Information
I47

Sch. 2 para. 47 in force at 1.10.2012, see art. 1

Railways and Transport Safety Act 2003I4848

1

The Railways and Transport Safety Act 200352 is amended as follows.

2

In paragraph 2(c) of Schedule 1 (dismissal of member of Office of Rail Regulation), for “(or interim order)” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

3

In paragraph 7(3)(a) of Schedule 4 (British Transport Police Authority – disqualification), for “(or interim order)” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Annotations:
Commencement Information
I48

Sch. 2 para. 48 in force at 1.10.2012, see art. 1

Local Government Act 2003I4949

In paragraph 2(1)(b) of Schedule 4 to the Local Government Act 200353 (disqualification for being appointed member of Valuation Tribunal Service), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Annotations:
Commencement Information
I49

Sch. 2 para. 49 in force at 1.10.2012, see art. 1

Energy Act 2004I5050

1

The Energy Act 200454 is amended as follows.

2

In paragraph 1(7) of Schedule 1 (Nuclear Decommissioning Authority – tenure of office)—

a

in paragraph (a), after “discharged”, insert “or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986)”; and

b

in paragraph (b), at the end, insert “or a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”.

3

In paragraph 2(6) of Schedule 10 (Civil Nuclear Police Authority – terms of appointment)—

a

in paragraph (a), after “discharged”, insert “or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986)”; and

b

in paragraph (b), at the end, insert “or a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”.

Annotations:
Commencement Information
I50

Sch. 2 para. 50 in force at 1.10.2012, see art. 1

Human Tissue Act 2004I5151

In paragraph 3(1)(a) of Schedule 2 to the Human Tissue Act 200455 (Human Tissue Authority - disqualification), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Annotations:
Commencement Information
I51

Sch. 2 para. 51 in force at 1.10.2012, see art. 1

Constitutional Reform Act 2005I5252

1

The Constitutional Reform Act 200556 is amended as follows.

2

In paragraph 15(2)(c) of Schedule 12 (Judicial Appointments Commission), after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.

3

In paragraph 5(2)(e) of Schedule 13 (Judicial Appointments and Conduct Ombudsman), after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.

Annotations:
Commencement Information
I52

Sch. 2 para. 52 in force at 1.10.2012, see art. 1

Mental Capacity Act 2005I5353

1

The Mental Capacity Act 200557 is amended as follows.

2

In section 10(2) (appointment of donees) after “bankrupt” insert “or is a person in relation to whom a debt relief order is made”.

3

In section 13 (revocation of lasting power of attorney)—

a

in subsection (3) after “bankruptcy” insert “, or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of P,”;

b

in subsection (4) after “in respect of him” insert “or where P is subject to an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”;

c

in subsection (6)(b) after “ donee” where it first appears insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donee”;

d

in subsection (8) after “donee” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a donee”;

e

in subsection (9) after “him” insert “or where the donee is subject to an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986),”.

4

In section 64 (interpretation)—

a

after subsection (3) insert—

3A

In this Act references to a debt relief order (under Part 7A of the Insolvency Act 1986) being made in relation to an individual include a case where a debt relief restrictions order under the Insolvency Act 1986 has effect in respect of him.

b

after subsection (4) insert—

4A

 “Debt relief restrictions order” includes an interim debt relief restrictions order.

5

In paragraph 17(1)(a) of Schedule 1 (lasting powers of attorney: formalities) after “bankruptcy” insert “or a debt relief order (under Part 7A of the Insolvency Act 1986) having been made in respect of the donor”.

6

In Schedule 4 (provisions applying to existing enduring powers of attorney)—

a

in paragraph 2(5)(a) after “bankrupt” insert “or is not subject to a debt relief order (under Part 7A of the Insolvency Act 1986)”;

b

in paragraph 2(7) after “attorney” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donor or attorney”;

c

in paragraph 2(8) after “him” insert “or where the donor or attorney is subject to an interim debt relief restrictions order”;

d

in paragraph 17(b) after “attorney” where it first appears insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donor or attorney”;

e

in paragraph 22—

i

after sub-paragraph (1) insert—

1A

In paragraph 2(7), the reference to the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the attorney is to be read as a reference to the making of a debt relief order in respect of the last remaining attorney under the power; and the making of a debt relief order in respect of any other attorney under the power causes that person to cease to be an attorney under the power.

ii

after sub-paragraph (2) insert—

2A

In paragraph 2(8), the reference to the suspension of the power is to be read as a reference to its suspension in so far as it relates to the attorney in respect of whom the interim debt relief restrictions order has effect.

Annotations:
Commencement Information
I53

Sch. 2 para. 53 in force at 1.10.2012, see art. 1

Serious Organised Crime and Police Act 2005I5454

1

Paragraph 4 of Schedule 1 to the Serious Organised Crime and Police Act 200558 (Serious Organised Crime Agency –removal from office) is amended as follows.

2

In sub-paragraph (d), after “discharged” insert “or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986)”.

3

After sub-paragraph (e), insert—

ea

he is the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986.

Annotations:
Commencement Information
I54

Sch. 2 para. 54 in force at 1.10.2012, see art. 1

Gambling Act 2005I5555

1

The Gambling Act 200559 is amended as follows—

2

In section 114(1)(c) (lapse), after “ (c45)),” insert “or a debt relief order is made in respect of the licensee (under Part 7A of the Insolvency Act 1986),”.

3

In section 194(1)(c) (lapse), after “(c45)),” insert “or a debt relief order is made in respect of the licensee (under Part 7A of the Insolvency Act 1986),”.

4

In paragraph 15(1)(c) of Schedule 10 (family entertainment centre gaming machine permits), after “(c45)),” insert “or a debt relief order is made in respect of him (under Part 7A of the Insolvency Act 1986)”.

5

In paragraph 15(1)(c) of Schedule 14 (prize gaming permits), after “(c45)),” insert “or a debt relief order is made in respect of him, (under Part 7A of the Insolvency Act 1986)”.

Annotations:
Commencement Information
I55

Sch. 2 para. 55 in force at 1.10.2012, see art. 1

Natural Environment and Rural Communities Act 2006I5656

1

The Natural Environment and Rural Communities Act 200660 is amended as follows.

2

In paragraph 7(b) of Schedule 1 (Natural England – removal from office), after “bankrupt” insert “or has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.

3

In paragraph 7(b) of Schedule 2 (Commission for Rural Communities – removal from office), after “bankrupt” insert “or has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.

4

In paragraph 6(b) of Schedule 4 (Joint Nature Conservation Committee – removal from office), after “bankrupt” insert “or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.

Annotations:
Commencement Information
I56

Sch. 2 para. 56 in force at 1.10.2012, see art. 1

National Health Service Act 2006I5757

In paragraph 8(1) of Schedule 7 to the National Health Service Act 200661 (Public Benefit Corporations – constitution), after paragraph (a) insert “(aa) a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986),”.

Annotations:
Commencement Information
I57

Sch. 2 para. 57 in force at 1.10.2012, see art. 1

Safeguarding Vulnerable Groups Act 2006I5858

1

Paragraph 2(4) of Schedule 1 to the Safeguarding Vulnerable Groups Act 200662 (Independent Barring Board – tenure of office) is amended as follows.

2

after paragraph (c) insert—

ca

a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);

3

after paragraph (d) insert—

da

he is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act (c45);

Annotations:
Commencement Information
I58

Sch. 2 para. 58 in force at 1.10.2012, see art. 1

Armed Forces Act 2006I5959

1

The Armed Forces Act 200663 is amended as follows.

2

In section 384 (extent to Channel Islands, Isle of Man and British overseas territories) after sub-paragraph (2) insert—

3

Paragraph 5(ba) of Schedule 9 does not extend to the Isle of Man or the British overseas territories.

3

In Schedule 9 (assessors of compensation – removal from office)—

a

at the end of sub-paragraph 5(b) omit “or”;

b

after sub-paragraph 5(b) insert—

ba

has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); or

Annotations:
Commencement Information
I59

Sch. 2 para. 59 in force at 1.10.2012, see art. 1

Statistics and Registration Service Act 2007I6060

In section 4(4)(b) of the Statistics and Registration Service Act 200764 (Statistics Board - appointment), for “(or interim order)” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Annotations:
Commencement Information
I60

Sch. 2 para. 60 in force at 1.10.2012, see art. 1

Legal Services Act 2007I6161

1

The Legal Services Act 200765 is amended as follows.

2

In paragraph 7(3)(c) of Schedule 1 (Legal Services Board – removal from office), after “bankrupt” insert “or is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.

3

In paragraph 8(2)(c) of Schedule 15 (Office for Legal Complaints – removal from office), after “bankrupt” insert “or is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.

Annotations:
Commencement Information
I61

Sch. 2 para. 61 in force at 1.10.2012, see art. 1

Charities Act 2011I6262

1

The Charities Act 201166 is amended as follows.

2

In section 80(1)(a)(other powers to remove or appoint charity trustee) after sub-paragraph (ii) insert—

; or

iii

having previously been the subject of a debt relief order, has been discharged from all the qualifying debts under the debt relief order;

3

In section 178 (persons disqualified for being charity trustees or trustees of a charity), in subsection (1) after Case F insert—

Case G

P is subject to—

a

a moratorium period under a debt relief order under Part 7A of the Insolvency Act 1986; or

b

a debt relief restrictions order or interim order under Schedule 4ZB to that Act

4

In section 180(1) (disqualification: exception in relation to charitable companies), after “Case B” insert “or G”.

5

In section 183(2)(b) (criminal consequences of acting while disqualified) for “or F” substitute “, F or G”.